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Jharkhand HC order

Jharkhand HC order

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Published by: barandbench on Sep 17, 2012
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03/09/2013

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI-----W.P(PIL) NO.2347 of 2012-----
 Bar Association, Jharkhand High Court ........Petitioner.
--Versus ---
 The State of Jharkhand & Ors. ........... Respondents---
 CORAM : HON'BLE THE CHIEF JUSTICEHON'BLE MRS. JUSTICE JAYA ROY ----- 
For the Petitioner: M/s. M. Sohail Anwar, Sr. Advocate, Altaf Hussain & Shivani Verma, Advocates.For the Respondents : Mr. Anil Kumar Sinha, Advocate General.------
 
Order No. 07 Dated :11
th
September, 2012
Learned Advocate General has submitted thatsupplementary affidavit dated 1.9.2012 in response to theorder of this Court dated 6.8.2012 has been filed in this caseand has intimated that the National Law University (NUSRL,Ranchi) has already incurred the cost for construction of theboundary wall of the University to the tune of Rs.2.25 Crores,out of which, Rs.1.5 crores has been paid and the rest of theamount is in the process of the payment against the totalproposed cost of the boundary wall of Rs.2.36 crores.2. The Indian Institute of Management, Ranchi, also hasinformed the Deputy Commissioner of Ranchi vide letter dated31.8.2012 that the estimated cost of the construction of theboundary wall of their premises is Rs.2,53,19,000/- andalready Rs.1.7 Crores has also been spent. However, noexpenditure has been incurred in respect of the IIIT, Ranchi asno allotment land has been made in its favour till now. Thedetails of the per acre crop in the Nagri Village has been givenand the concerned Anchal Adhikari has informed that theaverage production of the rice in the Nagri Village is eightquintals per acre. In the Nagri Village, 2 per cent of the land isirrigated by well. At the time of acquisition of the land, there
 
 
was 150 raiyats and due to the expansion in the family for thelast about more than 50 years, now the total persons may be430.3. Some of the the students of the National Law Universityhas submitted an Intervention Application.4. We have considered the research done by these studentsand they placed on record of their research work whichindicate very valuable data with respect to the people,particularly in the Kanke area including Nagri, theireducational, their total agricultural production and accordingto these intervenors, in view of the data available, it appearsthat the total rice production gives the rice of 1.98 grams perperson per day against minimum requirements of 480 gramsper day. They submitted that it is impossible that the personswho are claiming themselves to be total dependent upon theagriculture are in fact dependent upon the agriculturalproduce only looking to the total agricultural produce in thearea particularly on the land which is acquired by the thenBihar Government. However, in view of the research made bythe intervenors, the intervention application (I.A. No.2641 of 2012 ) for impleading them as party- intervenor is allowed.5. We may recapitulate that the writ petition was filedbecause of the reason of obstruction in the construction of thebuilding of the National Law University , Ranchi and the factscame to the knowledge of this Court that there are otherInstitutions whose constructions are also affected because of the resistance by some persons, and therefore, in the publicinterest litigation, the scope was expanded and orders werepassed also for the Indian Institute of Management and IIIT,Ranchi. However, in view of the statement of State, we areconfining this petition only to the National Law UniversityRanchi and the Indian Institute of Management, Ranchi whohave started construction of the boundary wall and alreadyincurred Rs.2.25 crores by the National Law University andRs.1.75 Crores by the IIIT,Ranchi.
 
 
6.We may also recapitulate that this Court as back as on30.4.2012 issued directions to the respondent-State to securethe construction of the buildings of the above institutionswhich should be started within 48 hours. Thereafter, some of the raiyats submitted applications questioning the landacquisition of the year 1956 -57 and that I.A. No.1558 of 2012was dismissed by this Court vide detailed order dated16.5.2012. Against this order, a Special Leave Petition beingS.L.P.No. 18622 of 2012 was preferred by those applicants of the said I.A. and the same was also dismissed by the Hon'bleSupreme Court vide order dated 28.6.2012 holding that in amatter of land acquisition of 1956-57, the Supreme Court wasnot inclined to interfere in the orders passed by this Courtdated 16.5.2012.7. However, in the public interest, in spite of the said orders,passed by this Court and by the Supreme Cort, the StateGovernment was directed to have the dialogue with the raiyatsof that time and in response to that, a Committee wasconstituted by the Government. Again and again, time wassought for producing the report of the committee by the StateGovernment and during this period, some untoward incidenceoccurred because of the provocation of the illiterate personsby the persons who are according to the learned AdvocateGeneral entered into this controversy for their political andvested interest.8. Be that as it may, we are not on that issue in any mannerbecause of the plain and simple reason that the land wasacquired by the State Government which is run by the electedrepresentatives of the public. There is Land Acquisition Actwhich is not dependent upon the wishes of the persons whoseland is sought to be acquired, when the land was acquired andcomplete procedure was followed. The land vest in theGovernment which does not depend upon the non acceptanceof payment by any person. The land acquisition proceedingwas not challenged in the last more than 50 years, but to seethat the general public may not feel deprived of their hearing ,

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